Immigration: Deportation Liability

If a person is charged with an offence that carries a maximum term of imprisonment of 3 months or more, they may be liable for deportation. This threshold (3 months imprisonment) encompasses almost every traffic charge and assault or violence related charges in NZ. If you find yourself in this situation and are on a resident visa, you should get in touch with Steven to determine what options are available.

It should go without saying that being deported from NZ is a significant consequence not only to the client, but it may indirectly impact their family if they are required to return with a partner. Often, a client has invested years into building a life and career in NZ. This can be all undone due to one mistake. Understandably, this can be deeply unsettling for a client.

If you find yourself in this position, talk to me today, and I can navigate you through your options. If no defence is available to your charge, we can look at a discharge without conviction. Recently, the Supreme Court has released a decision that clarifies the law concerning deportation liability. The court affirmed that there is a real and appreciable risk that a conviction for a client on a resident visa will trigger deportation liability. Of course, this is subject to certain criteria which I shall discuss with you if you find yourself in this predicament.

To find out more about deportation liability in NZ, contact me now through the contact button below.